Yet tobacco is sold legally in virtually every country in the world and, after decades of understanding its harms, it remains not only legal in Canada, but also very accessible and cost-effective (for everyone but the consumer). In the United States, 28 states, Washington, Puerto Rico and the U.S. Virgin Islands, as well as hundreds of cities and counties, have passed comprehensive smoke-free laws covering workplaces, restaurants and bars. The states are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.2 other states and Guam have enacted strict smoke-free laws for restaurants and bars: New Hampshire and North Carolina. Join our fight for smoke-free air and lung health by becoming a member of our Lung Action Network. MGL c.111, § 72X All nursing homes must have non-smoking areas. Employees are not allowed to smoke in patient care areas. In 22 states, residents are still not protected from second-hand smoke in all public places and workplaces. The American Lung Association will continue to fight for comprehensive smoke-free laws, as no one should be exposed to second-hand smoke to earn a paycheck. Note: The Connecticut Department of Mental Health and Addiction Services requires all mental health facilities in the state to be smoke-free, and the Joint Commission of Hospitals and Organizations requires its members to be smoke-free.
In 2002, Section 13-F Section 1399-LL of the Public Health Act prohibited regular or contract carriers such as FedEx®, UPS, and DHL from shipping cigarettes to New York addresses except to an address authorized for the sale of cigarettes. In 2020, the law was amended to restrict the shipment of steam products to registered steam product dealers, export warehouse owners, or federal or state government officials in accordance with official obligations. This change ends the online shipping of vaping product orders to individual consumers, a primary way for minors to purchase vaping products. The national Prevent All Cigarette Trafficking Act (PACT) of 2009 prohibits the delivery of smokeless cigarettes and tobacco by the U.S. Postal Service. These state and federal laws work together to restrict the sale of cigarettes, other tobacco products, and e-cigarettes over the Internet, requiring Internet vendors to affix tax stamps and pay all federal, state, local, or tribal taxes over the Internet. So why do we, as a society, continue to tolerate the sale of tobacco? And we do it well. In the run-up to the Bundestag elections, there was no discussion on tobacco use.
Governments benefit from tobacco revenues and are prepared to continue to allow tobacco-related illness and death. Yes, Alberta will soon limit flavoured tobacco, but if smoking were invented today, it would be inconceivable that Health Canada would allow it, but it is equally inconceivable that one of the current governments would ban it. Public outcry (from smokers and non-smokers), police costs, illegal imports, anti-government interventions, and underground sales virtually prohibit total restriction. The New York State Tobacco Control Program works to create local environments open to policies, systems, and environmental change that prevent youth from accessing tobacco and e-cigarettes and eliminate exposure to toxic second-hand smoke and vapor aerosols. In addition to these state laws, many organizations, businesses, municipalities, and counties have passed binding or non-binding guidelines and resolutions banning smoking and the use of e-cigarettes. These guidelines include banning smoking and the use of e-cigarettes in apartment buildings; prohibit smoking, smoking and the use of e-cigarettes in other outdoor spaces; limit the number and location of stores selling tobacco and e-cigarettes; prohibit the acceptance of funds or services by tobacco companies; and work to reduce the impact of teens` exposure to smoking in movies and online. Smoking tobacco has no health benefits. Nothing. It can be argued that nicotine, one of the thousands of compounds in tobacco smoke, may have beneficial effects on certain cognitive functions and may even confer some neuroprotection (1), but getting nicotine from tobacco products can be compared to sucking an exhaust pipe to get oxygen – it`s there, But it won`t do you any good. 40h In December 2019, the President signed a law amending the Federal Law on Food, Medicines and Cosmetics and raising the minimum age for the sale of tobacco products from 18 to 21.
This law (known as “Tobacco 21” or “T21”) came into effect immediately, and it is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to anyone under the age of 21. The new federal minimum age applies to all retail establishments and to persons without exception. The General TB Act § 19a-342 protects citizens from the health risks associated with second-hand smoke. The law bans smoking in: NYS has one of the highest cigarette taxes in the country. In 2010, New York`s cigarette tax increased to $4.35 per pack of 20 cigarettes or little cigars. The tax on wet snuff is $2.00 per ounce, and the tax on cigars and other tobacco products is 75% of the wholesale value. Municipalities may levy additional taxes on tobacco with the consent of the state legislature. New York City (NYC) also imposes a local cigarette tax of $1.50 per pack, bringing the combined state and local tax to $5.85, the second highest in the country. As of June 1, 2018, New York Local Law 145 requires retailers to sell cigarettes at a minimum retail price of $13.00 per pack, the highest package price in the United States. Any cigarette or tobacco retailer in NYS and any owner or operator of vending machines selling cigarettes or tobacco products must register with the Department of Taxation and Finance. In 2019, 18,219 tobacco retailers were registered with the NYS Department of Tax and Finance. Cigarette wholesalers, retailers and distributors must also be licensed.
Municipalities may set their own licensing requirements. Tobacco 21 is an important part of a comprehensive public health approach to tobacco reduction. In addition to Tobacco 21, we must eliminate all flavoured tobacco products, stop online (remote) sales, and increase taxes on all tobacco products, including e-cigarettes. In addition, the FDA must begin reviewing all e-cigarettes, hookahs, cigars, and pipe tobacco. One of the main arguments in favour of continuing tobacco sales is that the government should not dictate which vices the public operates. That is a valid argument. Alcohol and gambling are restricted but not prohibited; Fast food is unrestricted (although New York City has tried to limit the size of soft drinks but failed miserably); And although government intervention is increasing, few are protesting access to these products. However, these other “sins” have at least some advantage. We need gasoline, we need to eat, even if we occasionally do it in fast food restaurants, alcohol in moderation has benefits, and moderation gaming is entertaining for some. However, there is no moderation in tobacco.
There is no level at which tobacco smoke is safe for the user or those around them or, as we see, even for those exposed in a tertiary environment (5). New York State (NYS) is a national leader in tobacco control policy. Strong and effective state laws and regulations protect teens from deadly nicotine addiction by restricting access to tobacco and vaping products, protecting New Yorkers from dangerous cigarette smoke and e-cigarette aerosols, and keeping tobacco and vaping product manufacturers transparent. In the United States, second-hand smoke kills about 50,000 people each year, according to the U.S. Centers for Disease Control and Prevention. Worldwide, second-hand smoke kills more than 600,000 people each year, according to a 2010 study by the World Health Organization. It`s been a few years since I started practicing clinically as a respiratory therapist, but I vividly remember observing an elderly man with end-stage emphysema during the first few weeks of my first clinical placement literally suffocating and dying during my shift just a venti mask. It was a clear moment for me as a young medical professional, even though I never smoked. I have not forgotten this patient, nor that tobacco kills and weakens and has no benefit. Even many years after seeing patients, I constantly encourage, support and educate those around me who continue to use tobacco products. It still breaks my heart to see people smoking outside buildings and right next to school grounds. Nevertheless, they have the right to do so.
940 CMR 21 Sale and distribution of cigarettes and other smoking devices in Massachusetts MGL c.270, § 6 Tobacco: sale or gift to minors.